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ARTICLE · 09 AUGUST 2013

The Subjective Value Of Services Rendered

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How does one put a value on services rendered that have unjustly enriched another party?

CanadaLitigation, Mediation & Arbitration
Neil Guthrie
Neil Guthrie
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How does one put a value on services rendered that have unjustly enriched another party? The UK Supreme Court wrestles with the issue in Benedetti v Sawiris, [2013] UKSC 50, with Lord Neuberger noting the equation of price with value has 'echoes of Oscar Wilde's cynic'. The dispute arose from brokerage services performed by Benedetti in connection with the takeover of Wind, a telecommunications company. Benedetti claimed that he was owed €87 million for the services (nice work if you can get it) but was paid only €67 million (Sawiris and other parties in the acquisition group apparently having had concerns that Benedetti would misappropriate funds destined for others). Benedetti brought numerous claims against Sawiris and other parties, including breach of contract, breach of fiduciary duty, unconscionable receipt, quantum meruit and unjust enrichment.

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